R-2016-3227 - 2/25/2016RESOLUTION NO. R-2016-3227
WHEREAS, the City of Round Rock has duly advertised for bids to purchase water meter box
anti -float lids and for related goods and services; and
WHEREAS, Nicor, Inc. has submitted the lowest responsible bid; and
WHEREAS, the City Council wishes to accept the bid of Nicor, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Purchase of Water Meter Box Anti -Float Lids From Nicor, Inc., a copy of said
Agreement being attached hereto as Exhibit "A" and incorporated herein.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 25th day of February, 2016.
ALA MCGRAW, Mayor
City of Round Rock, Texas
ATTEST: ypw��.a
SARA L. WHITE, City Clerk
0112.1604;00351941
EXHIBIT
CITY OF ROUND ROCK
AGREEMENT FOR PURCHASE OF
WATER METER BOX ANTI -FLOAT LIDS FROM
NICOR, INC.
THE STATE OF TEXAS §
CITY OF ROUND ROCK §
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
KNOW ALL BY THESE PRESENTS:
THAT THIS Agreement for purchase of water meter box anti -float lids, and for related
goods and services, (referred to herein as the "Agreement"), is made and entered into on this the
day of the month of February, 2016, by and between the CITY OF ROUND ROCK,
TEXAS, a home -rule municipality whose offices are located at 221 East Main Street, Round
Rock, Texas 78664 (referred to herein as the "City") and NICOR, INC., whose offices are
located at 100 Commons Road 47-355, Dripping Springs, TX 78620 (referred to herein as the
"Services Provider").
RECITALS:
WHEREAS, City desires to purchase water meter box anti -float lids, and City desires to
procure same from Services Provider; and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and
services, and City has selected the Bid submitted by the Services Provider; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, sufficiency and receipt of which are hereby acknowledged, it is mutually
agreed between the parties as follows:
1.01 DEFINITIONS
.A. Agreement means the binding legal contract between City and Services Provider
whereby City is obligated to buy specified services and Services Provider is obligated to sell
same. The Agreement includes the following: (a) City's Invitation for Bid designated
Solicitation Number 16-005 dated November 2015, Class/Item: 890-40; (b) Services Provider's
Response to the IFB; (c) contract award; and (d) any exhibits, addenda, and/or amendments
thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving
00350667/ss2
preference in the following order
(1) This Agreement;
(2) Services Provider's Response to IFB;
(3) City's Invitation for Bids, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods and services mean the specified services, supplies, materials,
commodities, or equipment.
2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The initial term of this Agreement is for twelve (12) months from the effective
date hereof. After that initial term, this Agreement may be renewed for one (1) successive
twelve (12) month period, under the same terms and conditions, only upon the express written
agreement of both parties, and only provided that the Services Provider has performed each and
every contractual obligation specified in this Agreement.
C. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Services Provider to supply the services as outlined in the IFB and
Response to IFB submitted by Services Provider, all as specified in Exhibit "A." The intent of
these documents is to formulate an Agreement listing the responsibilities of both parties as
outlined in the IFB and as offered by Services Provider in its Response to the IFB.
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The services which are the subject of this Agreement are described in Exhibit "A" and,
together with this Agreement, comprise the total Agreement and they are fully a part of this
Agreement as if repeated herein in full.
4.01 ITEMS AWARDED; SCOPE OF WORK
Items Awarded. All bid items on Exhibit "A" are awarded to Services Provider.
Scope of Work. For purposes of this Agreement, City has issued documents delineating the
required services (specifically Invitation for Bid Solicitation Number 16-005, Class/Item: 890-40
dated November 2015). Services Provider has issued its response agreeing to provide all such
required service in all specified particulars. All such referenced documents are included in
Exhibit "A" attached hereto and made a part hereof for all purposes. When taken together with
the appended exhibits, this Agreement shall evidence the entire understanding and agreement
between the parties and shall supersede any prior proposals, correspondence or discussions.
Services Provider shall satisfactorily provide all services described under the attached
exhibits within the contract term specified in Section 2.01. Services Provider's undertakings
shall be limited to performing services for the City and/or advising City concerning those matters
on which Services Provider has been specifically engaged. Services Provider shall perform its
services in accordance with this Agreement, in accordance with the appended exhibits, in
accordance with due care, and in accordance with prevailing industry standards for comparable
services.
5.01 COSTS
Bid costs listed on page eleven (11), Attachment A: Bid Form of Exhibit "A," in the
amount of Two Hundred Forty -Six Thousand Nine Hundred and No/100 Dollars
($246,900.00) per year, shall be the basis of any charges collected by the Services Provider.
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Services Provider;
B. Purchase Order Number;.
C. Description and quantity of items received or services provided; and
D. Delivery or performance dates.
7.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City's bid, with the consent and agreement of the successful vendor(s) and
the City. Such agreement shall be conclusively inferred for the vendor from lack of exception to
this clause in the vendor's response. However, all parties hereby expressly agree that the City is
not an agent of, partner to, or representative of those outside agencies or entities and that the City
is not obligated or liable for any action or debts that may arise out of such independently -
negotiated "piggyback" procurements.
8.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Services Provider a written notice of termination at the end of its then current fiscal year.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Services Provider will be made within thirty (30) days of the day on which City receives the
performance, supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the
day on which the performance of services was complete, or within thirty (30) days of the day on
which City receives a correct invoice for the performance and/or deliverables or services,
whichever is later. Services Provider may charge interest on an overdue payment at the "rate in
effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance
with V.T.C.A., Texas Government Code, Section 2251.025(b); however, this Policy does not
apply to payments made by City in the event:
A. There is a bona fide dispute between City and Services Provider, a contractor, a
subcontractor or supplier about the goods delivered or the service performed that
cause the payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between Services Provider and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the service
4
performed that causes the payment to be late; or
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement or other such contractual agreement.
10.01 GRATUITIES AND BRIBES
City may, by written notice to Services Provider, cancel this Agreement without liability
to Services Provider if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Services Provider or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Services Provider may be subject to penalties stated
in Title 8 of the Texas Penal Code.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Services Provider's charges.
12.01 ORDERS PLACED WITH ALTERNATE SERVICES PROVIDERS
If Services Provider cannot provide the goods as specified, City reserves the right and
option to obtain the products or services from another supplier or suppliers.
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Services Provider shall meet all requirements as stated in the attached IFB, including all
attachments and exhibits thereto, and Services Provider's bid response and as set forth at:
littp://ww",.roundrocl<texas.govhvp-content/uploads/2014/12/corr insurance 07.20112.pdf.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representatives authorized to act in its behalf with
regard to this Agreement:
Michael Thane
Director of Utility and Environmental Services
2008 Enterprise Drive
Round Rock, Texas 78664
(512) 218-3236
15.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
16.01 DEFAULT
If Services Provider abandons or defaults under this Agreement and is a cause of City
purchasing the specified goods elsewhere, Services Provider agrees that it may be charged the
difference in cost, if any, and that it will not be considered in the re -advertisement of the service
and that it may not be -considered in future bids for the same type of work unless the scope of
work is significantly changed.
Services Provider shall be declared in default of this Agreement if it does any of the
following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
17.01 TERMINATION AND SUSPENSION.
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Services
Provider.
B. In the event of any default by Services Provider, City has the right to terminate
this Agreement for cause, upon ten (10) days' written notice to Services Provider.
C. Services Provider has the right to terminate this Agreement only for cause, that
being in the event of a material and substantial breach by City or by mutual agreement to
terminate evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Services Provider,
Services Provider shall discontinue all services in connection with the performance of this
Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such
orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice
of termination, Services Provider shall submit a statement showing in detail the goods and/or
services satisfactorily performed under this Agreement to the date of termination. City shall then
I
pay Services Provider that portion of the charges, if undisputed. The parties agree that Services
Provider is not entitled to compensation for services it would have performed under the
remaining term of the Agreement except as provided herein.
18.01 INDEMNIFICATION
Services Provider shall defend (at the option of City), indemnify, and hold City, its
successors, assigns, officers, employees and elected officials harmless from and against all suits,
actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any
and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of
Services Provider, or Services Provider's agents, employees or subcontractors, in the
performance of Services Provider's obligations under this Agreement, no matter how, or to
whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or
Services Provider (including, but not limited to the right to seek contribution) against any third
party who may be liable for an indemnified claim.
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Services Provider, its agents, employees and subcontractors shall use best efforts
to comply with all applicable federal and state laws, the Charter and Ordinances of the City of
Round Rock, as amended, and with all applicable rules and regulations promulgated by local,
state and national boards, bureaus and agencies.
B. Services Provider acknowledges and understands that City has adopted a Storm
Water Management Program (SWMP) and an Illicit Discharge Ordinance, Sections 14-139
through 14-152 of the City's Code of Ordinances, to manage the quality of the discharges from
its Municipal Separate Storm Sewer System (MS4) and to be in compliance with the
requirements of the Texas Commission on Environmental Quality (TCEQ) and the Texas
Pollutant Discharge Elimination System (TPDES). The Services Provider agrees to perform all
operations on City -owned facilities in compliance with the City's Illicit Discharge Ordinance to
minimize the release of pollutants into the MS4. The Services Provider agrees to comply with of
the City's stormwater control measures, good housekeeping practices and any facility specific
stormwater management operating procedures specific to a certain City facility. In addition, the
Services Provider agrees to comply with any applicable TCEQ Total Maximum Daily Load
(TMDL) Requirements and/or I -Plan requirements.
20.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
10491IM0111 HOOD
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
When delivered personally to the recipient's address as stated in this Agreement;
or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Services Provider:
Nicor, Inc.
100 Commons Road, #7-355
Dripping Springs, TX 78620
Notice to City:
City Manager Stephen L. Sheets, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Services Provider.
22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Services Provider and City. This Agreement may only be amended or supplemented by mutual
agreement of the parties hereto in writing, duly authorized by action of the City Manager or City
Council.
24.01 DISPUTE RESOLUTION
City and Services Provider hereby expressly agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Services Provider represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Services Provider understands and agrees that time is of the
essence and that any failure of Services Provider to fulfill obligations for each portion of this
Agreement within the agreed timeframes will constitute a material breach of this Agreement.
Services Provider shall be fully responsible for its delays or for failures to use best efforts in
accordance with the terms of this Agreement. Where damage is caused to City due to Services
Provider's failure to perform in these circumstances, City may pursue any remedy available
without waiver of any of City's additional legal rights or remedies.
Force Majeure. Neither City nor Services Provider shall be deemed in violation of this
Agreement if it is prevented from performing any of its obligations hereunder by reasons for
which it is not responsible as defined herein. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
[Signatures on the following page.]
IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on
the dates indicated.
City of Round Rock, Texas
By:
Printed Name:
Title:
Date Signed: _
Attest:
By:
Sara White, City Clerk
For City, Approved as to Form:
By:
Stephan L. Sheets, City Attorney
10
Nicor, Inc.
By:
Printed Name:
Title:
Date Signed: _
i
C, T E),C AS
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Copy of Round Rock\, T w�\\,as
purrchasiing Due iisiio n
221 East Main Street
Round Rock, Texas 7866-4-5299
www. roundrocktexas.gov
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H OVEM B E R 2015
EXHIBIT
fsRTHif11 ITT' "A"
City of Round Rock
Solicitation Number: IFB No. 16-005
Water Meter Box Anti -Float Lids
Class/Item: 890-40
November 2015
CITY OF ROUND ROCK
IFB NO. 16-005
WATER METER BOX ANTI -FLOAT LIDS
PART
CL3:01i'M:7,1M
1. PURPOSE: The City of Round Rock herein after "City' seeks to establish a multiple year contract with a qualified
person, firm or corporation, herein after "Respondent", to provide water meter box anti -float lids, compatible with remote
read meters for use throughout the City's water supply system.
2. DEFINITIONS, TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that
the City's standard definitions, terms and conditions, in effect at the time of release of the solicitation, shall govern
unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions,
Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised
of changes. The City's definitions, terms and conditions can be obtained from the City's
website: http://www.roundrocktexas.gov/bids
3. INSURANCE: The Respondent shall meet or exceed all insurance requirements set forth by the insurance
requirements as identified on the City's website at: http://vnvw.roundrocktexas.gov/bids
4. CLARIFICATION: For questions or clarification of specifications, you may contact:
Mike Schurwon, CPPB, CPTM
Purchaser
City of Round Rock - Purchasing Department
mschurwon(cDroundrocktexas.gov
The individual listed above may be contacted by e-mail for clarification of the specifications only. No authority is
intended or implied that specifications may be amended or alterations accepted prior to solicitation opening without
written approval of the City of Round Rock through the Purchasing Division.
5. QUALIFICATIONS: The opening of a response shall not be construed as the City's acceptance of such as qualified
and responsive. All Respondents shall:
5.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity
or provision of the services as specified herein.
5.2. Provide the name, address, telephone number and e-mail of at least three (3) firms applicable to Municipal
and/or Government projects that have utilized similar services of size and scope in the past (two) 2 years
(Attachment A). City of Round Rock references are not applicable. References maybe checked prior to award.
Any negative responses received may result in disqualification of submittal.
6. BEST VALUE EVALUATION AND CRITERIA: All responses received may be evaluated based on the best value
for the City. In determining best value, the City may consider:
6.1. Purchase price;
6.2. Reputation of Respondent and of Respondent's goods or services;
6.3. Quality of the Respondent's goods or services;
6.4. The extent to which the goods or services meet the City's needs;
6.5. Respondent's past relationship with the City;
6.6. The total long-term cost to the City to acquire the Respondent's goods or services;
6.7. Any relevant criteria specifically listed in the solicitation.
EXHIBIT "All
2of13
City of Round Rock
Solicitation Number: IFB No. 16-005
Water Meter Box Anti -Float Lids
Class/Item: 890-40
November 2015
AGREEMENT TERM: It is the City's intent to structure the agreement as follows:
7.1. The initial term of the resulting agreement shall be one (1) consecutive twelve (12) month period from the
effective award date. The agreement may be renewed for one (1) additional period of time, not to exceed
twelve (12) months, provided both parties agree in writing.
7.2. The City reserves the right to review the respondents' performance at any time and terminate all or part of the
agreement, with or without cause or continue the agreement through the next period.
7.3. If the respondent fails to perform its duties in a reasonable and competent manner, the City shall give notice to
the respondent of the deficiencies and the respondent shall have thirty (30) days to correct such deficiencies.
If the respondent fails to correct the deficiencies with the thirty (30) days, the City may terminate the agreement
by giving the respondent written notice of termination and the reason for the termination_
8. AWARD: The City reserves the right to accept or reject all or part of a response, waive minor technicalities and award
the response to best serve the interests of the City. Split awards or non -award may be made at the sole discretion of
the City. Award announcement will be made upon City Council approval of staff recommendation and executed
agreement.
NOTE: Award announcement will appear on the City's website at: http://www.roundroci(texas.gov/bids
9. PRICE INCREASE OR DECREASE: A price increase or decrease to the agreement may be considered based on the
following:
9.1 The City may permit "unit price" adjustments upwardly or downwardly when correlated with the price index specified
herein. Unless otherwise indicated, the price index shall be the specified index as published by the Bureau of Labor
Statistics, Washington, DC 20212. The baseline index shall be the index announced for the month in which the
solicitation opened. Unit prices may be adjusted for each renewal period and extension period in accordance with
changes in index.
9.2 Price adjustments for each renewal and extension periods will be based on the PPI: http://www.bls.gov/ppi/,
TABLE 3: Producer price indexes for selected stage -of -processing groupings, seasonally adjusted [1982=100].
9.2.1. The allowable percent change shall be calculated by subtracting the baseline index announced for the month
in which the renewal option is exercised and dividing the result by the baseline index.
9.2.1.1. A= Baseline index from month in which the solicitations opened or the month of the last approved
price increase.
9.2.1.2. B = Current and/or latest baseline index.
9.2.1.3. "B" minus "A" then divided by "A". Multiply sum by 100% equals the percent of the allowable price
increase or decrease, "C".
C = [(B -A) divided by A] x 100 %
9.2.2. The allowable percent change shall be rounded to the nearest one-hundredth of one percent and shall be
the maximum unit price adjustment permitted, except that the vendor may offer price decreases in excess
of the allowable percent change.
9.3 Price increase cannot exceed 25% for the total cost and term of the agreement.
EXHIBIT3of13 tv
City of Round Rock
Solicitation Number: IFB No. 16-005
Water Meter Box Anti -Float Lids
Class/Item: 890-40
November 2015
9.4 PROCEDURE TO REQUEST INCREASE OR OFFER DECREASE
9.4.1. Mail the price increase request to the designated City Contract Specialist a minimum of 120 days prior to
each renewal period.
Vendor shall supply supporting documentation as justification for each request to: City of Round Rock,
Purchasing Department, Attn: Ric Bowden, Contract Specialist, 221 E. Main Street, Round Rock, Texas
78664-5299
9.4.2. Upon receipt of the request, the City reserves the right to either accept the escalation as supported by the
appropriate price index and make change to the purchase order within thirty (30) days of the request,
negotiate with the vendor or cancel the purchase order if an agreement cannot be reached on the value of
the increase.
10. ACCEPTANCE: Inspection and acceptance of Services should not take more than five (5) working days from
completion of said Services. The vendor will be notified within this time frame if the Services are in full compliance
with the specifications. If the agreement is canceled for non-acceptance, the Services may be purchased elsewhere
and the vendor may be charged full increase, if any, in cost and handling.
11. ORDER QUANTITY: The quantities shown on the Solicitation form are estimates only. No guarantee of any minimum
or maximum purchase quantity is made or implied. The City will only order the quantity of services needed to fulfill
requirements, which may be more or less than indicated.
12. PROMPT PAYMENT POLICY: PayThents will be made in accordance with the Texas Prompt Payment Law, Texas
Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within thirty days after the acceptance of the
supplies, materials, equipment, or the day on which the performance of services was completed or the day, on which
the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Vendor
may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in
accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the
event:
12.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials, services or
equipment delivered or the services performed that causes the payment to be late; or
12.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment
with Federal Funds; or
12.3. There is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its
suppliers concerning supplies, material, or equipment delivered or the services performed which caused the
payment to be late; or
12.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or
agreement or other such contractual agreement.
13. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is
understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if
the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as
determined by the City's budget for the fiscal year in question. The City may terminate by not providing a renewal
contract or by providing the Vendor written notice of termination at the end of its then current fiscal year.
14. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days prior
written notice to the Vendor. Vendor shall provide the City with 120 days written notice prior to cancellation of the
Agreement and shall continue services for a period of time not to exceed 120 days after written notification.
Termination under this paragraph shall not relieve the Vendor of any obligation or liability that has occurred prior to
cancellation. NOTE: This Agreement is subject to cancellation, without penalty, at any time the City deems the vendor
to be non-compliant with contractual obligations.
EXHIBIT "A"
4of13
City of Round Rock
Solicitation Number: IFB No. 16-005
Water Meter Box Anti -Float Lids
Class/Item: 890-40
November 2015
15. DAMAGE: The successful Respondent shall be responsible for damage to the City's equipment and/or property, the
workplace and its contents by its work, negligence in work, its personnel and equipment. The Vendor shall be
responsible and liable for the safety; injury and health of its working personnel while its employees are performing
service work.
16. ENVIRONMENT: It is the intent of the City to purchase goods and services having the least adverse environmental
impact, within the constraints of statutory purchasing requirements, departmental needs, availability, and sound
economic considerations. Suggested changes and environmental enhancements for possible inclusion in future
revisions of this specification are encouraged.
17. INTERLOCAL COOPERATIVE CONTRACTING (PIGGYBACK): Other governmental entities may be extended the
opportunity to purchase off of the City's Agreements, with the consent and agreement of the awarded Respondent(s)
and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in a
Respondent's submittal. However, all parties indicate their understanding and hereby expressly agree that the City
is not an agent of, partner to, or representative of those outside agencies or entities and that the City is not obligated
or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements.
18. RIGHT TO AUDIT:
18.1. The Respondent agrees that the representatives of the Office of the State Auditor or other authorized
representatives of the City shall have access to, and the rights to audit, examine, or reproduce, and all records
of the Respondent related to the performance under this Agreement. The Respondent shall retail all such
records for a period of three (3) years after final payment on this Agreement or until all audit and litigation
matters that the City has brought to the attention of the Respondent are resolved, whichever is longer. The
Respondent agrees to refund to the City any overpayments disclosed by any such audit.
18.2. Respondent understands that acceptance of funds under this contract acts as acceptance of the authority of
the City to conduct an audit or investigation in connection with those funds. Respondent further agrees to
cooperate fully with the above parties in the conduct of the audit or investigation, including providing all records
requested. Respondent shall ensure that this clause concerning the authority to audit funds received indirectly
by sub -Respondents through the respondent and the requirement to cooperate is included in any subcontract
it awards.
19. TAX EXEMPTION: The City of Round Rock is exempt from all Federal excise, State, and Local taxes unless
otherwise stated in this document. The City claims exemption from all States and/or use taxes under Texas Tax Code
§151.309, as amended. Texas Limited Sales Tax Exemptions Certificates will be furnished upon request.
Respondents shall not charge for said taxes. If billed, City will not remit payment until invoice is corrected.
20. RESPONDENT RESPONSIBILITES:
20.1. The respondent shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations,
and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the
performance of the contract including, if applicable, workers' compensation laws, minimum and maximum salary
and wage statutes and regulations, and licensing laws and regulations. When required, respondent shall furnish
the City with satisfactory proof of its compliance.
20.2. The Respondent shall fully and timely provide all deliverables described in the Solicitation, Contract/Purchase
Order and in the Respondent's response in strict accordance with the terms, covenants, and conditions of the
Agreement and all applicable Federal, State, and Local laws, rules and regulations.
EXHIBIT "A"
5of13
City of Round Rock
Solicitation Number: IFB No. 16-005
Water Meter Box Anti -Float Lids
Class/Item: 890-40
November 2015
PART If
SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline:
1.1. Solicitation released November 25, 2015
1.2. Deadline for questions December 2, 2015, 5:00 p.m., C.S.T.
1.3. City responses to all questions or addendums December 3, 2015, 5:00 p.m., C.S.T.
1.4. Deadline for Responses December 10, 2015, 3:00 p.m., C.S.T.
The City reserves the right to modify these dates. Notice of date change will be posted to the City website.
All questions regarding the solicitation shall be submitted in writing by Wednesday, December 2, 2015, at 5:00 p.m.
(CST) to Mike Schurwon, CPPB, CTPM, Purchaser; City of Round Rock by e-
mail: mschurwon(a)roundrocictexas.gov on the date noted above. The City shall provide answers to all
questions by Thursday, December 3, 2015, at 5:00 p.m. (CST). The City shall not be responsible for failure of
electronic equipment of operator error.
A copy of all the questions submitted and the City's response to the questions may be posted the City of Round
Rock webpage, http://www.roundrocktexas.gov/bids
RESPONSE DUE DATE: Signed and sealed responses are due no later than 3:00 PM, Thursday, December 10,
2015, as noted above to the Purchasing Department. Mail or carry sealed responses to:
City of Round Rock
Attn: City Hall — Reception Desk
221 E. Main Street
Round Rock, Texas 78664-5299
Attention: Mike Schurwon - Purchaser
WATER METER BOX ANTI -FLOAT LIDS - "DO NOT OPEN"
IFB No. 16-005
Bid Opening Date: Thursday, December 10, 2015, 3:00 pm
2.1. Responses received after this time and date shall not be considered.
2.2. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title, IFB number,
due date and "DO NOT OPEN".
2.3. Facsimile or electronically transmitted responses are not acceptable.
2.4. Late responses will be returned to Respondent unopened if return address is provided.
RESPONSE REQUIREMENTS: Respondent shall submit one (1) executed (signed) "Original" and two (2) copies of
the bid response. Completed documentation shall include, at a minimum:
3.1. Itemized and signed solicitation document. Failure to itemize solicitation may result in disqualification.
3.2. ATTACHMENT A: Bid Form
3.3. ATTACHMENT B: Reference sheet that shall include the name, address, active telephone number and valid
e-mail of at least three (3) firms applicable to Municipal and Government projects that have utilized similar
services in the last two (2) years.
3.4. ATTACHMENT C: If addendums have been issued, bidder(s) should complete and return "Attachment C" with
their response. Failure to do so may result in disqualification of bid response.
EXHIBIT "A'4
6of13
City of Round Rock
Solicitation Number: IFB No. 16-005
Water Meter Box Anti -Float Lids
Class/Item: 890-40
November 2015
POST AWARD MEETING: The City and Respondent may conduct a post award meeting to discuss, but not limited
to the following:
4.1. City contact(s) information for implementation of agreement.
4.2. Agreement terms and conditions.
4.3. Performance Measures
EXHIBIT "A"
7of13
City of Round Rock
Solicitation Number: IFB No. 16-005
Water Meter Box Anti -Float Lids
Class/Item: 890-40
November 2015
PART III
SPECIFICATIONS
1. SCOPE OF WORK: Provide water meter box anti -float lids to be used by the City of Round Rock water line
maintenance. Unit(s) furnished to these specifications shall meet or exceed all requirements describes herein. Single
water meter box anti -float lids shall be used to house and protect various size remote read water meters from damage
due to, but not limited to, ground collapse or traffic through the City's water supply system. Specifications cover only
the general requirements as to the performance and design criteria of the water meter box anti -float lids, as well as
certain details to which the successful respondent shall conform. Respondents shall be responsible for furnishing
equipment that meets or exceeds all of the requirements as set forth herein, as well as provide equipment that is
designated for the intended application.
2. APPROVED PRODUCTS LIST: The water meter box lid listed have been pre -approved for compatibility and
durability. Meter box lid currently pre -approved as outlined as follows:
2.1 Black Polymer Anti Float, AMR/AMI Lid w/Rebar, Pickhole, & Single Knockout
Size: 18-5/8" x 17-7/8"
Height: 1-1/2"
Width: 17"
Length: 18"
MFG: DFW Plastics, Inc., Series 38C, Meter Box Lid, Part #DFW38DW-AF1 EPF1-LID
NOTE: Use with single service for 5/8 x 3/4 Meter
3. FUNCTIONAL REQUIREMENTS: The water meter box lid shall:
3.1 Polymer lid shall be constructed of ANTI -FLOAT polyethylene material
3.2 Polymer lid shall have a molded pick hole pocket (3" x 9/16" x 1-1/4" Deep with 3/16" 304 SS Rod).
3.3 Polymer lid shall have one (1) MOLDED AMR/AMI hole (1.88 x 2.50'), recessed (4-5/8" x 1/4) deep.
3.4 Polymer lid shall have six (6) pieces of 1/2" rebar located in the lid for locate ability and resistance to floating.
3.5 Polymer lid shall have no polymer hook to secure the polymer lid to the concrete meter box.
3.6 Polymer lid shall seat securely and evenly inside and shall not overlap the edge of the concrete meter box.
3.7 Polymer lid shall have molded tread -pattern for skid resistance. Tread dimensions shall be 0.188" x 0.938" x
0.150" deep.
3.8 Polymer lid shall have "Water Meter" molded into the lid — Font shall be Std Fadal CNC Font with 1" characters
x 0.150" deep.
3.9 Polymer lid shall be black and have a molded recycled emblem with a minimum of 50% Post Consumer Recycled
and 50% Post Industrial/Pre Consumer Recycle Content — Verified with a LEED product documentation.
4. DIMENSIONS: The water meter box lid shall be rectangular in shape with the following dimensions:
4.1 Black Polymer Anti Float, AMR/AMI Lid w/Rebar, Pickhole, & Single Knockout
Size: 18-5/8" x 17-7/8"
Height: 1-1/2"
Width: 17"
Length: 18"
MFG: DFW Plastics, Inc., Series 38C, Meter Box Lid, Part # DFW38DW-AF1 EPF1-LID
EXHIBIT "A"
8of13
City of Round Rock
Solicitation Number: IFB No. 16-005
Water Meter Box Anti -Float Lids
Class/Item: 890-40
November 2015
5. PROPERTIES: The water meter box lid shall be molded out of modified polyethylene material in accordance with the minimum
ASTM specifications outlined below:
Properties
ASTM Test Method
Minimum Test Value
Tensile strength @ Yield
D638
2300 psi
Ultimate Elongation (%)
D638
765
Density
D1505
0.932
Flexural Modulus
D790
73,000 psi
Deflection Temperature
D648
88c @ 66 psi
Melt Index (dg/min.)
D1238 Cond. E
5.0
UV Stabilizer
Yes
NA
NOTES:
1. Polymer lid shall have a molded key hole.
2. Polymer lid shall have a molded slide mount bracket for placement of AMR/AMI device.
3. Meter Box - Vertical and Lateral Load Rating shall be compliant with the following:
a. AASHTO, Design Load of H-10; ASTM C857 -12a, Design Load A-8, 8,000lbs, transferred through a 10" x 10" steel plated
centered in the cover and body.
b. AASHTO, Design Load of H-20; ASTM C857 -12a, Design Load of A-16, 16,000lbs. transferred through a 10" x 20" steel
plate centered on the cover and body.
6. AUTHORIZED CONTACT:
6.1. Upon award of a contract, the City hereby designates the following representative(s) authorized to act in its
behalf with regard to all purchases of water meter box lids (anti -float) for the City of Round Rock — Utilities
and Environmental Services upon award as follows:
Mr. Rick Whisenant
Utility Inventory Specialist
City of Round Rock
Utilities and Environmental Services
910 Luther Peterson Place
Round Rock, TX 78665
EXHIBIT "A"
9of13
City of Round Rock
Solicitation Number: IFB No. 16-005
Water Meter Box Anti-Float Lids
Class/Item: 890-40
November 2015
SOLICITATION INSTRUCTIONS
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF SOLICITATION
ANY EXCEPTIONS THERETO MUST BE IN WRITING
1. SOLICITATION REQUIREMENTS:
1.1 Responding requires pricing per unit shown and extensions. If trade discount is shown on solicitation, it should be deducted and net line extensions shown. Respondents
guarantees product offered will meet or exceed specifications identified in this Invitation for Bid (IFB).
1.2 Solicitations shall be submitted on Solicitation Sheet. Each response shall be placed in a separate envelope completely and property identified. Responses must be in the
Purchasing Department before the hour and date specified on the solicitation.
1.3 Late responses property identified will be returned to respondent unopened. Late responses will not be considered.
1.4 Respond F.O.B. destination, freight, prepaid, & allowed unless otherwise specified on the solicitation. If otherwise, show exact cost to deliver.
1.5 Response shall show unit price on quantity and unit of measure specified, extension and show total. In case of errors in extension, unit prices shall govem. Responses
subject to unlimited price increase will not be considered.
1.6 Submitted prices shall be firm for acceptance 30 days from solicitation opening date. "Discountfrom List' responses are not acceptance unless requested. Cash discount
will not be considered in determining the low response. All cash discounts offered will be taken if earned.
1.7 Responses shall give Tax Identification Number, full name and address of respondent. Failure to sign will disqualify response. Person signing response shall show title
and authority to bind signatories firm in an agreement. Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be
one (1) of the following: Individual, Partnership, Sole Proprietorship, Estate/Trust, Corporation, Government, or Non-profit, all others shall be specified. INDIVIDUAL: List
name and number as shown on Social Security Card. SOLE PROPRIETORSHIP: List legal name followed by legal business name and Social Security Number. ALL
OTHERS: List legal name of entity and Tax Identification Number (TIN).
1.8 Responses cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by respondent or an authorized agent. No
response can be withdrawn after opening time without approval of the CITY based on a written acceptable reason.
1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in response.
1.10 The City reserves the right to accept or reject all or any part of response, waive minor technicalities and award the response to best serve the interests of the City. Split
awards may be made at the sole discretion of the City.
1.11 Consistent and continued tie responses could cause rejection of responses by the City and/or investigation for antitrust violations.
1.12 Telephone, facsimile, and electronically transmitted responses are not acceptable in response to the solicitation.
1.13 CAUTION: Solicitation invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for responses received late, illegible,
incomplete, or otherwise non-responsive.
2. SPECIFICATION:
2.1 Any catalog, brand name or manufacturers reference used in the solicitation is descriptive only (not restrictive), and is used to indicate type and quality desired. Responses
on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. If other than
brand(s) specified is offered, illustrations and complete descriptions of product offered are requested to be made apart of the response. If respondent takes no exceptions
to specifications or reference data in response, respondent will be required to furnish brand names, numbers, etc., as specified in the solicitation.
2.2 All items on the solicitation shall be new, in first class condition, including containers suitable for shipment and storage, unless otherwise indicated in the solicitation. Verbal
agreements to the contrary will not be recognized.
2.3 Samples, when requested, must be furnished free of expense to the City. If not destroyed in examination, they will be returned to the respondent, on request, at respondent
expense. Each example should be marked with respondents' name and address, City solicitation number and code. Do not enclose in or attach to response.
2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of the solicitation.
2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the solicitation.
3. TIE RESPONSES: In case of tie responses, the award will be made in accordance with Section 271.901 of the Texas Local Government Code.
4. DELIVERY:
4.1 Response shall show number of days required to place material in City's designated location under normal conditions. Failure to state deliver time obligates respondent to
complete delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause response to be disregarded. Consistent failure to meet delivery
promises without valid reason may cause removal from Vendor list. (See 4.2 following.)
4.2 If delay is foreseen, Vendor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Vendor shall keep the City advised
at all times of status of order. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies elsewhere
and charge full increase, if any, in cost and handling to defaulting Vendor.
4.3 No substitutions or cancellations permitted without written approval of the City.
4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified in the solicitation.
5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have
access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the response or on samples taken
from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of the testing
shall be borne by the supplier. Goods, which have been delivered and rejected in whole or in part, may, at the City's option, be returned to the Vendor or held for disposition at
Vendor's risk and expense. Latent defects may result in revocation of acceptance.
6. AWARD OF AGREEMENT: A response to a solicitation is an offer to contract with the City based upon the terns, conditions, and specifications contained in the solicitation.
Responses do not become agreements or purchase orders unless and until they are accepted by the City through its designees and an agreement or a purchase order is issued.
The agreement or purchase order shall be governed, construed, and interpreted under the Charter of the City and the laws of State of Texas. All agreements or purchase orders
are subject to the approval of the City Council or Manager.
7. PAYMENT: Vendor shall submit three (3) copies of an invoice showing the agreement or purchase order number on all copies.
8. PATENTS AND COPYRIGHTS: The Respondent agrees to protect the City from claims involving infringements of patents or copyrights.
9. RESPONDENT ASSIGNMENTS: Respondent hereby assigns to the purchaser any and all claims for overcharges associated with this agreement, which arise under the antitrust
laws of the State of Texas. TX, Bus. And Comm. Code Ann. Sec. 15.01, et seq. (1967).
10. RESPONDENT AFFIRMATION:
10.1 Signing the response with a false statement is a material breach of agreement and shall void the submitted response or any resulting agreements, and the Respondent
shall be removed from all Vendor lists. By signature hereon affixed, the respondent hereby certifies that:
10.2 The respondent has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment gift, loan, gratuity, special discount, tip,
favor, or service to a public servant in connection with the submitted response.
10.3 The respondent is not currently delinquent in the payment of any debt owed the City.
10.4 Neither the respondent nor the firm, corporation, partnership, or any entity represented by the respondent, or anyone acting for such firm, corporation, or entity has violated
the antitrust laws of this State codified in Section 15.01 et. Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws, norcommunicated directly orindirectly
the response made to any competitor, or any other person engaged in such line of business.
10.5 The respondent has not received compensation for participation in the preparation of the specification for the solicitation.
11. NOTE TO RESPONDENTS: Any terms and conditions attached to response will not be considered unless the respondent specifically references them on the front of the
response form. WARNING: Such terms and conditions may result in disqualification of the response (e.g. responses with the laws of a state other than Texas requirements for
prepayment, Limitations on remedies, etc.) The City of Round Rock can only accept responses which contain all the terms and conditions of its formal solicitation; in particular,
all respondents' affirmations and certifications must be included. Submission of responses on fortes other than City's form may result in disqualification of your response.
12. INQUIRIES: Inquiries pertaining to Solicitation invitations must give Solicitation number, codes, and opening date.
EXHIBIT "A"
10 of 13
ATTACHMENT A: BID FORM
PURCHASING DEPARTMENT
221 E. Main Street • Round Rock, Texas 78664-5299
Solicitation Number:
16-005
Solicitation Name:
WATER METER
Extended Price
BOX ANTI -FLOAT
Water Meter Box Anti -Float Lids
LIDS
Opening Date:
December 10, 2015
Opening Time:
On or Before 3:00
PM CST
Opening Location:
City of Round Rock
Reference: DFW Plastics #DFW38DW-AF1EPF1-LID
Attention: City Hall
Reception Desk
221 E. Main Street
Round Rock, TX
78664
Tax ID
Number: 93-0874984
Business Name: Nicor Inc.
Address: 100 Commons Rd #7-355
Address: Dripping Springs, TX 78620
Contact: Jeff Cook
Telephone: 707-484-0835
E-mail: jeffacook(a,nicorinc.net
Website: www.nicorinc.net
In order to do business with the City of Round Rock you must be registered with the City's Vendor Database. To register, go
to: httas:/It*ounrh•ock.niunisselfservice.cern/Vendors!(Iefault.asnx
Item #
Description
Quantity
Unit Price
Extended Price
1
Water Meter Box Anti -Float Lids
6,000
Size: 18-518" x 17-718" x 1-112"
$41.15
$246,900
Reference: DFW Plastics #DFW38DW-AF1EPF1-LID
By the signature hereon affixed, the Respondent hereby certifies that neither the respondent nor the entity represented by the respondent, or
anyone acting for such entity has violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code,
or the Federal antitrust laws, nor communicated directly or indirectly, the response made to any competitor or any other person engaged in such
line of business. Further, by signing and submitting this response the Respondent acknowledges:
• That they have read and fully understand the solicitation and accept all terms and conditions set forth herein.
• The respondent is not currently delinquent in the payment of any debt owed to the City.
Sealed response envelope shall be clearly marked with solicitation name, solicitation number and name of responding entity.
The agreement or purchase order resulting from this solicitation may qualify for Inter -local or Cooperative Contracting (Piggybacking) per the terms
outlined in Part I, #17 of this solicitation. If applicable, do you agree to "piggyback" purchasing from other governmental agencies?
. Yes No Response shall include one (1) signed original and two (2) copies of bid response.
Jeff Cook K& z,--' 1215115
Printed Name A or' _ d Signature Date
Failure to sign response will disqualify response.
11 of 13
EXHIBIT "A"
ATTACHMENT B
RESPONDENT'S REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 16-005
RESPONDENT'S NAME: Nicor Inc
DATE: 12/4/15
Provide the name, address, telephone number and point of contact of at least three (3) firms applicable to Municipal
and/or Government projects that have purchased similar water meters box anti -float lids for at least two (2) years.
City of Round Rock references are not applicable. References may be checked prior to award. Any negative
responses received may result in disqualification of solicitation.
Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
of Hanford
Johnathan Doyle PE/PLS
Project Manager
idoyle(@cRyofhanfordca.com
900 S. 10th Ave . .
Hanford, CA 93230
( 559 ) 585-2571 Fax Number: ( )
Powdersville Water District
Gordon Brush
Director of Finance and Administration
gbrush@powdersviliewaler.org
1719 Circle Rd
Easley, SC.29640
( 864 ) 404-2104 Fax Number: ( )
of North Miami Beach
Karim Rossy
Utilities Engineering Manager
kadm.rossy@citynmb.com
17050 NE 19th Ave.
North Miami Beach, FL 33162
( 305 ) 948-2890 Ext 7915 Fax Number: ( 305 ) 957-3502
NOTE: FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
12 of 13
EXHIBIT "A"
ATTACHMENT C
ADDENDUM ACKNOWLEDGMENT FORM
NOTE: IF ADDENDUMS HAVE BEEN ISSUED, BIDDER(S) SHOULD COMPLETE AND RETURN THIS
ATTACHMENT WITH THEIR BID RESPONSE. FAILURE TO DO SO MAY RESULT IN DISQUALIFICATION OF
THE BID RESPONSE.
ADDENDA ACKNOWLEDGMENT: The undersigned acknowledges the receipt of the following Addenda:
Addendum #: Dated:
Addendum #: Dated:
Addendum #: Dated:
Addendum #: Dated:
Addendum #: Dated:
Respondent (Company): Lt�
Signature (in ink):
Name (Typed/printed): co
Title: VI ��ti F L
Date: Z 5
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ORM �n7�^a?xr .r
i n,
NN'Cor Inc. .
technology t:0-��. Utility znd__~�fa eI
Works CU$�� ITIeVt' =!T.h. 111!jH3 a.tinNic"
Read -Rite T11 polyriey ConstFLIC Ori
provides a virtually RF transparenii:
solution making it ideal for all AMR/
AMI instaliations, Read-RiteT°' Lids
resist cr tumor: automotive chemical
exposure, Wtraviolet degradalflon,
ti and perfo rni in the i netei pit at
ternperature extrrernes.
,deal for AMP./AM; Systems
• RF transparency improves performance
o Integrates with all AMR/AMI systems
Lightweight and Strong
• Up to 80% lighter than concrete
e H-20 load rated for light and incidental traffic
Dennonstrated Performance
o Xenon Arc tested for UV degradation
• ADA compliant for slip -resistance
o Temperature range of -40°F to 190°F
Seamless installation
• Simple mounting
o Direct replacement for current lid
o Custom sizing; multiple colors available
Read -Rite"" offers a complete line of
lid products that can be customized by
size, shape, and color. Tailor-made logo
embossing is also available.
Sample colors:
MI
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Nicor Inco Read -lite® LidsPatented
Specification for Read Rite Lids
Product Characteristics -Read Rite lids feature an impact resistant, low temperature, very stiff, specially
formulated Hydrozone HD"rm Polyolefin resin with excellent RF transparency characteristics, UV resistance
and light weight.
Read Rite lids have been tested independently to the H2O highway proof load rating of 20,000 lbs over a 911
x 911 steel plate for 1 minute.
Typical Properties
Method
Value Unit
Physical
Density -Specific Gravity( Method
B)
ASTM D 792
0.902sp gr at 23°C
Melt Flow rate (230"C/2.16kg)
ASTM D
1238
4.00 g110 min.
Mechanical
Tensile Strength@yield
ASTM D 638
2 in/min
3100 PSI
50 mm/min
21.4 Mpa
Flexural Modulus
ASTM D 790
0.05 in/min, 1% secant,Procedure
140,000 PSI
1 mm/min,1% secant, Procedure
65MPa
Tensile Elongation
ASTM D638
8%
Impact
Notched Izod Impact
ASTM D 256
( 73°F, Method A)
No Break ft-,b/in
(23°C, Method A)
No Break j/m
Hardness
Rockwell hardness(R Scale)
STM D 785
65
Thermal
DTUL @66 PSI Unannealed
STM D648
1.1'C
Other Properties
Drop Weight Impact Strength
113osell Test
method -29 C: > 45 ft -
lbs
Nicor Inc. 100 Commons Rd # 7-355, Dripping Springs, TX 78620
707-484-0835 Phone, 512-276-2033 FAX, jeffacook@Nicorinc.net
Nicorinc.net
EXHIBIT "A"
May 18, 2010
Mr. Jeff -Cook
Nicor Inc.
1571 Chablis Road
Healdsburg, CA 95448
USA
IPTL # P20100890
Dear Mr. Cook:
Enclosed you will find results of the testing you requested.
/ If you have any questions regarding the data, please do not hesitate to contact me.
Sincerely,
James A. Koehler
Quality Manager
JAK/jd
Enclosures
intertek Plastics Technology Laboratories reports are issued for the exclusive use of the clients to whom they are addressed. No quotations from reports
or use of the intertek Plastics Technology Laboratories name is permitted except as expressly authorized in writing. Letters and reports apply onlyto the
specific materials, products or processes tested, examined or surveyed and are not necessarily indicative of the qualities identical or similar materials,
products or processes. The liability of Intertek Plastics Technology Laboratories with respect to services rendered shall be limited to the amount of
consideration paid for such services and not include any consequential damages.
SD Pearl Street, Pittsfield, MA 01201
Phone: (413) 499.0983 Fax: 499-2339
httpJMww.ptli.com
EXHIBIT "A11
QUV Report Page 1 of 1
Testing
Standard Practice for Operating Fluorescent Light Apparatus for UV Exposure of
Nonmetallic Materials
Test Method
: ASTM G 154 - 06
Project Number
P20100890
Customer
Attention
Nicor Inc.
Jeff Cook
Operator
Frank Foy
"=ACICIREMMM
Date
May 14, 2010
Cert No. 0019.01
Instrument
Q -Panel Model QUVlse with Solar Eye UV Irradiance Controller
UV Source Lamps
Q -Panel UVB -313
Cycle Used
4 hr UV uninsulated black panel temp at 60 t 3°C, 4 hr condensation at 50 t3°C
Irradiance
0.71 W1m2 at 313 nm
A Solar Eye precision light control system option on the equipment monitors the UV intensity via four sensors at
the sample plane to maintain the correct irradiance automatically. This is performed by a four channel feedback
loop system that
compensates for any variability in irradiance level by adjusting the power to the lamps.
Material ID
Gray Water Cover
Specimen Type
: 6 -ASTM Tensile bars
6 ASTM Flex bars
3 specimens for color measurement
Sample Preparation
Tested as received
Sample Mounting
Standard holders
Exposure Time Lamp(s) Were Changed
(hrs) During Exposure Period
500 No
Lamp Age at Test Start Lamp Age at Test End
(hrs) (hrs)
Sample Repositioning
Schedule
None
Type of
Thermometer
0 250 Black Uninsulated Panel
Results of any property tests are included as additional reports
Intertek Plastics Technology Laboratories reports are issued for the exclusive use of the clients to whom they are addressed. No quotations from reports
or use of the Intertek Plastics Technology Laboratories name is permitted except as expressly authorized in writing. Letters and reports apply only to the
specific materials, products or processes tested, examined or surveyed and are not necessarily indicaiive of the qualities identical or similar materials,
products or processes. The liability of Intertek Plastics Technology Laboratories with respect tq services rendered shall be limited to the amount of
consideration paid for such services and not Include any consequential damages.
50 Pearl Street, Pittsfield, MA 01201
Phone: (413)499-0983 Fax: 499.7339
http9Mm%w.ptli.com
EXHIBIT "A"
Color Report Page 1 of 1
Testing
Standard Practice for Computing the Colors of Objects by using the CIE System
Test Method
: ASTM El 347-06, ASTM D2244-07 and CIE System Test per ASTM E 308-08
Project Number
P20100890
Customer
Attention
Nicor Inc.
Jeff Cook
Analyst
Frank Foy
Date
May 14, 2010
AccRentran
Cart No. 0919.01
Spectrophotometer
: BYK Gardner TCS Plus
Reference
White
illumination
: CIE D65 10°
Testing Conditions
: 23°C 42°C
Exposure
QUV accelerated weathering per ASTM G154
Gray Water Cover
Exposure
{' Initial
500 hours
Sample 1
CIE L CIE. CIE b
60.93 -0.53 0.19
61.37 -0.53 0.23
Sample 2
&E CIE L CIE, CIE,
59.99 -0.52 0.36
0.44 61.15 -0.51 0.36
CIE L white =100%T CIE. + red
CIE L black = 0%T CIE a -green
Sample 3
DE CIE L CIE, CIE b AE
60.93 -0.53 0.21
1.16 61.34 -0.51 0.28 0.42
CIE b + yellow
CIE b - blue
Intertek Plastics Technology Laboratories reports are issued forthe exclusive use of the clients to whom they are addressed. No quotationsfrom reports
or use of the Intertek Plastics Technology Laboratories name Is permitted except as expressly authorized in writing. letters and reports apply only to the
specific materials, products or processes tested, examined or surveyed and are not necessarily indicative of the qualities identical or similar materials,
products or processes. The liability of Intertek Plastics Technology Laboratories with respect to services rendered shall be limited to the amount of
consideration paid for such services and not include any consequential damages.
50 Pearl Street, Pittsfield, MA 01201
Phone: (413) 499.0983 Fax. 499-2339
httpJ/www.ptli.com
EXHIBIT "A"
Water Absorption Report Pagel of 1
Testing
Water Absorption - 24 Hour Method
Test Method
ASTM D 570-98
Project Number
P20100890
Customer
Nicor Inc.
Attention
Jeff Cook
Analyst
Laura Jean Howland
Date
April 28, 2010 ACCRED
Cart No. 0819.01
Sample Preparation Tested as received
Sample Conditioning Dried in an air circulating oven for 24 hours at 50°C
Immersion Type Deionized Water at 23°C
Immersion Length 24.hours
Significance ASTM D570 specifies that weights be measured to 0.1 mg
and change be calculated to the nearest 0.01%
Initial Final
Specimen Length Width Thickness Weight Weight Change Change
Sample Name Number (in) (in) (in) (g) (g) (g) M
Gray Water Cover 1 3.314 1.184 0.148 7:8078 7.8096
0.0018
0.02
-2 3.309 1.233 0.144 7.2919 7.2959
0.0040
0.05
3 3.317 1.177 0.140 - 7.7803 7.7817
0.0014
0.02
Average
0.0024
0.03
% Change = [ ( Final Weight - Initial Weight) / Initial Weight ] x 100
Intertek Plastics Technology Laboratories reports are issued for the exclusive use of the clients to whom they are addressed. No quotations from reports
or use of the Intertek Plastics Technology Laboratories name is permitted except as expressly authorized in writing. Letters and reports apply only to the
specific materials, products or processes tested, examined or surveyed and are not necessarily Indicative of the qualities identical or similar materials,
products or processes. The liability of Intertek Plastics Technology laboratories with respect to services rendered shall be limited to the amount of
consideration paid for such services and not Include any consequential damages.
50 Pearl Street, Pittsfield, MA 01201
Phone* (413)499.0983 Fax: 499-2339
httpJ/wmv.ptli.com
EXHIBIT "All
Testing
Test Method
Project Number
Customer
Attention
Analyst
Date
Material
Sample Preparation
Sample Dimensions
Sample Type
Span Length (in)
Cross -Head Speed (in/min)
Span -To- Depth Ratio
Radius Of Supports (in)
Radius Of Loading Nose (in)
Conditioning
Conditioning
Test Conditions
Significance
Flexural Properties Of Plastics
Flexural Modulus
ASTM D790-07 Procedure A
( tangent" )
P20100890
(PSI)
Nicor Inc.
166000
Jeff Cook
190000
D.Loehr
178000
May 17, 2010
accneo..
5 4870
Cart No. 0819.01
Gray Water Cover
Customer supplied molded samples
0.519" x 0.252" x 6.00" (Average)
ASTM Flex Bar
4.032
0.108
16±1:1
0.197
0.197
40+ hours at 23°C ± 20C 150% ± 5% RH-Controls only
500 hours in QUV per ASTM G154 Cycle 2 (exposed)
23°C ± 2°C 150%± 5% RH
: ASTM D 790 specifies modulus and strength be reported to 3 significant figures
Flexural Stress At 5%
Flexural Modulus
Strain
( tangent" )
Sample Identification Test Number (PSI)
(PSI)
Controls 1 4580
166000
2 5030
190000
3 4680
178000
4 5110
193000
5 4870
193000
Average 4650
184000
Std. Dev. 225
11800
500 Hours QUV per 1 5070
191000
ASTM G154 Cycle 2 2 5030
201000
.3 5070
205000
4 5180
196000
5 5010
184000
Average 5070
195000
Std. Dev. 66
8260
Note: Exposed specimens tested with exposed side face down
= computer generated curve fit
Intertek Plastics Technology Laboratories reports are issued for the exclusive use of the clients to whom they are addressed. No quotations from reports
or use of the Intertek Plastics Technology Laboratories name is permitted except as expressly authorized in writing. Letters and reports apply only to the
specific materials, products or processes tested, examined or surveyed and are not necessarily indicative of the qualities Identical or similar materials,
products or processes. The liability of Intertek Plastics Technology Laboratories with respect to services
rendered shall be limited to the amount of
consideration paid for such services and not include any consequential damages.
50 Pearl Street, Pittsfield, MA 01201
Phone: (413) 499.0983 Fax: 499-2339
httpJMvww.ptli.com
EXHIBIT f1A"
Intertek Plastics Technology Laboratories reports are issued for the exclusive use of the clients to whom they are addressed. No quotations from reports
or use of the Intertek Plastics Technology Laboratories name is permitted except as expressly authorized in writing. Letters and reports apply only to the
specific materials, products or processes tested, examined or surveyed and are not necessarily indicative of the qualities identical or similar materials,
products or processes. The liability of Intertek Plastics Technology Laboratories with respect to services rendered shall be limited to the amount of
consideration paid for such services and not Include any consequential damages.
50 Pearl Street, Pittsfield, MA OQ01
Phone: (413) 499-0983 Fax: 499-2339
httpJhmnvw.ptli.com
EXHIBIT "A"
I ensue Ne orf ra a "I or -1
Testing
Tensile Properties
Test Method
ASTM D 638-08
Project Number
P20100890
Customer
Attention
Nicor Inc.
Jeff Cook Attachments: 2 graphs
Analyst
D.Loehr
Date
May 17, 2010 accstenr�o
At Yield
Carl No. 0619.07
Material
Grgy Water Cover
Sample Preparation
Customer supplied molded samples
Sample Type
ASTM Type IV Tensile Bar
Sample Dimensions
0.248" x 0.131" (Average)
Cross -Head Speed
2.0 in/min
Extensometer
320% based on 25mm gage length. Meets minimum requirements for Practice
2470
E 83: Modulus (Class B-2) / Elongation (Class C).
Conditioning
40+ Hours At 23°C t 2°C / 50% t 5% RH (control)
Conditioning
500 hours in QUV per ASTM G154 Cycle 2 (exposed)
Test Conditions
23'C:t 2°C / 50%± 5% RH
Significance
ASTM D 638 specifies that strength and modulus be reported to 3 significant
3600
figures and elongation be reported to 2 significant figures
Intertek Plastics Technology Laboratories reports are issued for the exclusive use of the clients to whom they are addressed. No quotations from reports
or use of the Intertek Plastics Technology Laboratories name is permitted except as expressly authorized in writing. Letters and reports apply only to the
specific materials, products or processes tested, examined or surveyed and are not necessarily indicative of the qualities identical or similar materials,
products or processes. The liability of Intertek Plastics Technology Laboratories with respect to services rendered shall be limited to the amount of
consideration paid for such services and not Include any consequential damages.
50 Pearl Street, Pittsfield, MA OQ01
Phone: (413) 499-0983 Fax: 499-2339
httpJhmnvw.ptli.com
EXHIBIT "A"
Tensile
Tensile
Strength
Elongation
Stress
Elongation
Test
At Yield
At Yield
At Break
At Break
Sample Identification
Number
(PSI)
N
(PSI)
(%)
Control
1
3550
5.3
2470
63
2
3540
5.3
2580
22
3
3600
5.3
2710
30
- 4
3480
5.1
2390
14
5
3590
5.2
2570
33
Average
3550
5.2
2540
32
Std. Dev.
48
0.1
121
19
500 hours QUV per
1
3540
5.9
2590
73
ASTM G154 Cycle 2
2
3530
5.7
2610
70
3
3570
5.3
2660
43
4
3460
4.8
2560
13
5
3490
5.1
2840
22
Average
3520
5.4
2650
44
Std. Dev.
43
0.4
111
27
Intertek Plastics Technology Laboratories reports are issued for the exclusive use of the clients to whom they are addressed. No quotations from reports
or use of the Intertek Plastics Technology Laboratories name is permitted except as expressly authorized in writing. Letters and reports apply only to the
specific materials, products or processes tested, examined or surveyed and are not necessarily indicative of the qualities identical or similar materials,
products or processes. The liability of Intertek Plastics Technology Laboratories with respect to services rendered shall be limited to the amount of
consideration paid for such services and not Include any consequential damages.
50 Pearl Street, Pittsfield, MA OQ01
Phone: (413) 499-0983 Fax: 499-2339
httpJhmnvw.ptli.com
EXHIBIT "A"
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8908 Ambassador Row, Dallas, TX 75247
7701 W. Little York, Ste. 600, Houston, TX 77040
4221 Freidrich Ln., Ste.195, Austin, TX 78744
Corporate Phone: (214) 630-9745
Report of
Static Coefficient of Friction
Client: Nicor, Inc.
Project: B30 Plastic Lid
Proiect No.: 0814947
Report No.: 903317
Date of Service: 04/03/09
Material: B30 Plastic Lid
Test Method: ASTM C 1028, Test Method for Determining the Static Coefficient of
Friction of Ceramic Tile and Other Like Surfaces by the Horizontal
Dynamometer Pull -Meter Method
Static coefficient of friction testing was performed on one B30 plastic meter box lid. The
lid was tested in a dry surface condition followed by a wet surface condition. The results
given below are an average of four tests performed under each type of surface condtion
on the sample lid.
Sample
Number
Coefficient of Friction
(Dry)
Coefficient of Friction
(Wet)
1
0.73
0.54
Results / Conclusions
Based on the results shown, the static coefficient of friction meets the Americans with
Disablilities Act (ADA) minimum requirements of 0.50 for slip resistance.
Technician: C. Snyder
-Jack Gary, Wiecial Testing Manager
Construction Materials Engineering Division
LIMITATIONS: The test results preser led herein were prepared based upon the specific samples provided for testing. 1Ve nssumc no rmponsbility for variation in quality (mmposition,
appearance, performance, etc) or any other rwture oFsimlar subject macer provided by persons or conditions over which we have no control. Ourleuers and reports arc for the txc!mive
use of the ditnts to whom they at addressed end shill net be reproduced except in full without the wrinen oppraral orRone Engineering Services, Ltd.
EXHIBIT "A"
Water Meter Box Anti -Float Lids
Award Recommendation
Class/Item: 890-40
November 2015
ROUNDROVKATNAS
Award Recommendation
TO:
E.E (Ric) Bowden, CPPB
Contract Management
City of Round Rock
FROM:
Michael Schurwon, CTPM, CPPB
Purchaser
City of Round Rock
RE:
IFB No. 16-005
Water Meter Box Anti -Float Lids
DATE:
January 14, 2016
Formal invitation for bids were solicited in accordance with IFB No. 16-005 for a quantity of six thousand
(6,000) water meter box anti -float lids for the Department of Utilities and Environmental Services.
A total of four (4) bid responses were received from the following:
1. Nicor, Inc. - $246,900.00
2. Ferguson Enterprises Inc. -$308,100.00
3. ACT Pipe & Supply - $312,000.00
4. HD Supply Waterworks - $339,060.00
Based on a review of the four (4) bid response received from the above respondents and evaluation of the
sample water meter box anti -float lid provided by the low bid of Nicor, Inc., the City of Round Rock — Utilities
and Environmental Services recommends the below respondent for a contract award based on low bid
meeting the advertise specifications.
Awarded Vendor: Nicor, Inc.
100 Commons Rd., #7-355
Dripping Springs, Texas 78620
Approved:
Printed Name: Michael Thane
Director of Utilities and Environmental Services
Date:
CC: File